Publications for Business Law
In the last three years, growth of foreign expats working in Shanghai has declined to only about 1/10 the average annual growth of the last twelve year. Businesses are leaving and expats are being replaced by low-cost local staff alternatives.
Will your standard terms and conditions win in a battle of forms? Do you have standard terms and conditions at all?
The Uniform Commercial Code (“UCC”) was drafted in 1958 and contains a series of articles that aim to govern commercial transactions. Nearly every state has adopted its own version of the UCC, including Michigan.
John Mashni is an attorney with Foster Swift Collins & Smith, PC. As a former entrepreneur, business owner and manager, John has a deep understanding of the businesses he represents as well as the knowledge and savvy of a seasoned attorney. He helps clients do deals, protect assets and plan for the future through his practice. Here’s his recommended end of year to-do list for small business owners
This is a two-part series discussing year-end tax strategies available to reduce the tax liability of your business. This installment discusses the de minimis safe harbor election and bonus depreciation as two tax savings opportunities available in addition to Section 179.
Intellectual property (“IP”) rights can be the cornerstone of a business's value and competitive edge. IP rights are generally grouped into four categories: trademarks, copyrights, patents, and trade secrets.
This article is the first of a two-part series and discusses the deduction available under Code Section 179. Part 2 addresses ways the bonus depreciation rules and other farm-specific deductions can be paired with Section 179 for effective and powerful year-end tax planning.
A good warranty can also be good advertising, and the difference between customers buying your product or your competitor’s may come down to who has the better warranty. It can be tempting to give your warranty a label that sounds better than your competitors, but did you know that how you label your warranties is governed by federal law?
Two studies conducted recently resulted in data-driven articles that shed greater light on the issue of when, and why, courts accept veil piercing arguments.
Changes in Technology and the Law Require Some Employers to Revise Internet and Social Media Policies.
With the passage of the HITECH Act in 2010 and the publication of final rules related to the HITECH Act in January of 2013, parts of HIPAA now apply to entities besides health care organizations.
Check fraud can harm your business by causing cash flow problems, burdensome fraud investigations, and even unreimbursed financial losses.
The IRS now automatically revokes an organization’s tax exempt status if the organization fails to timely file an annual information return for three consecutive years.
President Obama signed the American Taxpayer Relief Act of 2012. The Act made other lesser-known but important changes to the tax law that could affect you and your business. This article summarizes those changes.
Michigan's highly successful Clean Corporate Citizen program has received new and added emphasis. The Michigan Legislature passed legislation to organize and enlarge benefits provided to Michigan businesses that exercise environmental stewardship.
If you are considering an acquisition, here are a few suggestions based upon my experience for you to consider in selecting an alliance or merger partner.
We have seen how Ponzi schemes have become common place. Be prepared for embezzlement next.
LARA has issued a warning regarding a letter being sent to Michigan corporations asking for an Annual Minutes Disclosure Statement.
Under the JOBS Act the SEC is required to issue new rules that permit general solicitation of investors in Rule 506 offerings that are sold only to accredited investors. The SEC has issued proposed regulations to address this issue.
You might save on your employment taxes if your business is taxed as an "S Corporation."
Noncompetition agreements typically prohibit an employee or seller of a business to own or work for a competitor of the protected party, and often are of substantial value. However, a Michigan court will only enforce these agreements if they comply with the following four requirements.
Michigan small businesses with 500 employees or less can apply for reimbursement of up to $25,000 of export costs pursuant to an initiative called the Michigan State Trade and Export Promotion (STEP) Grant Program.
Michigan companies are required to file annual reports with the Michigan Department of Licensing and Regulatory Affairs.
On April 5, 2012, President Obama signed into law the "Jump Start Our Business Startups Act", commonly known as the JOBS Act. This Act has five key parts intended to improve access to capital for small businesses. Here is a brief description of each part.
The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") modified the definition of "accredited investor" to establish an exemption from registration under Regulation D.
Recent federal court decisions have held that purchasing a competitor's trademark as a Google Adword tag can constitute trademark infringement.
Brazil should be part of your international growth strategy. Brazil is the fifth largest country in the world in terms of population and size.
As with many U.S. Visas, the H-1B's availability is limited by a quota system, subject to certain exceptions. As of the last cap count dated May 5, 2011, 54,800 visas remain available.
There are significant legal restrictions on how you can solicit investors.
The amount of money invested in Michigan companies in 2010 was higher than in any other year except 2008.
The IRS has published guidance that might exempt your business from the new requirement to report the cost of health care on your employees' Forms W-2.
Effective January 1, 2012, the Corporate Income Tax will impose a flat 6% tax on the Michigan apportioned income of businesses that are taxed as C corporations for federal income tax purposes.
Investing in your business in 2011 may afford additional tax benefits.
Foreign investors who may not satisfy the requirements for an EB-5 Immigrant Visa (, should consider applying for an E-2 Treaty Investor Visa.
State tax laws have not kept pace with the rapid growth of cloud computing.
Your venture capital investment may qualify for a new Michigan tax credit that is designed to encourage participation in venture capital funds and angel investor groups.
Recent changes to Michigan's Limited Liability Company Act made by Public Act No. 290 of 2010 may affect your limited liability company.
On February 17, 2011, Governor Rick Snyder proposed restructuring Michigan's tax system.
A new land-grab is occurring on the World Wide Web.
For employers interested in hiring a foreign worker for a "specialty occupation", an H-1B Employment Visa is an option with a number of very attractive features...
Companies should exercise considerable care before transferring potentially hazardous materials, such as paints, solvents, chemical agents and empty storage drums, to third parties.
U.S. exporters may be able to reduce their U.S. effective tax rate by establishing an IC-DISC.
The new health care reform law, the Patient Protection and Affordable Care Act, makes numerous changes to the tax law, including creating new taxes and credits, increasing other taxes, making insured health benefits taxable to the extent that they are discriminatory, modifying certain deductions, and changing the tax rules that apply to health savings accounts and spending arrangements.
Effective May 11, 2010, the U.S. Citizenship and Immigration Services (USCIS) began issuing a new, redesigned Permanent Resident Card, commonly known as the "Green Card."
The Worker, Homeownership, and Business Assistance Act of 2009 allows businesses that had a net operating loss in 2008 or 2009 to use those losses to recoup taxes paid in the prior five years.
Effective May 1, 2010, smoking will be banned in all public places, including places of employment.
If your company is considering a merger, acquisition or internal corporate restructuring, it is important that intellectual property contracts (such as software licenses) be carefully reviewed to determine if the merger may have an effect on the surviving company’s ability to use the software or other intellectual property.
The recently enacted Hiring Incentives to Restore Employment (HIRE) Act may benefit your business with tax savings.
Nonqualified deferred compensation arrangements are required to comply, in writing, with the highly technical rules of Internal Revenue Code Section 409A ("Section 409A") effective as of January 1, 2009.
Employers who wish to review social media or employees’ personal web sites should have a policy in place informing employees that the company has a right to monitor employee use of the systems.
Important changes to Michigan’s securities laws will become effective on October 1, 2009.
The proposed new rule would amend R436.1107 to grant authority to MLCC to extend the period that a liquor license may be held in escrow beyond the 5-year period currently allowed.
A recent case decided by the United States Tax Court might help investors in limited liability partnerships (LLPs) and limited liability companies (LLCs) to deduct losses incurred by the LLPs and LLCs against income from other sources.
Most Michigan employers pay a 6.2% Federal Unemployment Tax (FUTA) on the first $7,000 of each employee’s wages during a calendar year.
Under the Employee Retirement Income Security Act ("ERISA"), an employer who adopts or agrees to participate in a qualified pension plan is required to make ongoing pension contributions to the pension fund.
Several years ago, Congress permitted S corporations to sponsor employee stock ownership plans ("ESOPs").
Governor Jennifer M. Granholm has unveiled Michigan Business One Stop, a new program that will provide businesses in Michigan with a single source for business services.